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1.1 Please set out the various regimes applicable to recognising and enforcing judgments in your jurisdiction and the names of the countries to which such special regimes apply.

Applicable Law/Statutory Regime

Relevant Jurisdiction(s)

Corresponding Section Below

EU Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels I Regulation of 2012). Applies to judgments where the legal procedure started in the country of origin on or after 10 January 2015

All countries within the EU

Section 3

EU Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (The Brussels I Regulation of 2000). Applies to judgments where the legal procedure started in the country of origin on or before 10 January 2015

All countries within the EU

Section 3

The convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters (The Brussels Convention)

Overseas territories in the EU Member States that are not covered by the Brussels I Regulations

Section 3

The convention of 30 October 2007 on jurisdiction and the enforcement of judgments in civil and commercial matters (The Lugano Convention)

EFTA member states: Iceland; Norway; Switzerland

Section 3

EU Regulation 1896/2006 of 12 December 2006 creating a European order for payment procedure

All countries within EU excluding Denmark

Section 3

EU Regulation 805/2004 of 21 April 2004 creating a European Enforcement Order for uncontested claims

All countries within EU excluding Denmark

Section 3

New York Convention on the recognition and enforcement of foreign arbitral awards 1958 which is implemented in Sweden through the Swedish Arbitration Act

General Regime

2.1 Absent any applicable special regime, what is the legal framework under which a foreign judgment would be recognised and enforced in your jurisdiction?

Enforcement code Chapter 3 par. 2. (Utsökningsbalken 3 kap. 2 §) states that special provisions state the extent to which enforcement may take place in Sweden on the basis of a foreign enforcement title. It means that foreign judgments in general are neither recognised nor enforced in Sweden, unless there is a statutory support for such recognition/enforcement. Such statutory support exists through an international convention or agreement that Sweden has acceded to, or EU legislation that states that the judgment can be enforced in another EU Member State. The Brussels regulations are directly applicable in Sweden without any need to implement them. Other international conventions or agreements have been incorporated in the Swedish legal system by virtue of a statute or an act. A judgment that has been recognised in Sweden can normally be enforced at the Swedish Enforcement Agency.

With the exception of the international conventions or agreements regarding recognition and enforcement of judgments that are applicable in Sweden mentioned in question 1.1, there are several agreements or conventions on recognition/enforcement which regulate more specific subject matters such as family, custody, fatherhood, divorce, insolvency or small claims procedure. We have limited our answers in this questionnaire to regimes relating to civil and commercial matters excluding the above-mentioned specific matters.

2.2 What requirements (in form and substance) must a foreign judgment satisfy in order to be recognised and enforceable in your jurisdiction?

This is not applicable in Sweden – please see question 2.1.

2.3 Is there a difference between recognition and enforcement of judgments? If so, what are the legal effects of recognition and enforcement respectively?

This is not applicable in Sweden – please see question 2.1.

2.4 Briefly explain the procedure for recognising and enforcing a foreign judgment in your jurisdiction.

This is not applicable in Sweden – please see question 2.1.

2.5 On what grounds can recognition/enforcement of a judgment be challenged? When can such a challenge be made?

2.7 What is your court’s approach to recognition and enforcement of a foreign judgment when there is: (a) a conflicting local judgment between the parties relating to the same issue; or (b) local proceedings pending between the parties?

This is not applicable in Sweden – please see question 2.1.

2.8 What is your court’s approach to recognition and enforcement of a foreign judgment when there is a conflicting local law or prior judgment on the same or a similar issue, but between different parties?

This is not applicable in Sweden – please see question 2.1.

2.9 What is your court’s approach to recognition and enforcement of a foreign judgment that purports to apply the law of your country?

This is not applicable in Sweden – please see question 2.1.

2.10 Are there any differences in the rules and procedure of recognition and enforcement between the various states/regions/provinces in your country? Please explain.

No, there are no such differences.

2.11 What is the relevant limitation period to recognise and enforce a foreign judgment?

Special Enforcement Regimes Applicable to Judgments from Certain Countries

3.1 With reference to each of the specific regimes set out in question 1.1, what requirements (in form and substance) must the judgment satisfy in order to be recognised and enforceable under the respective regime?

1. With regards to the regimes regulated in the Brussels/Lugano Conventions as well as the Brussels regulations, the judgment needs to satisfy the following criteria in order to be enforceable/recognised:

i) the judgments must deal with a civil or commercial matter;

ii) it shall not be contrary to public policy in Sweden;

iii) with regards to a default judgment, the defendant has been served with the document which instituted the proceedings in sufficient time and in such a way as to enable him to arrange for his defence;

iv) the judgment cannot be irreconcilable with a judgment given between the same parties in the Member State addressed;

v) the judgment cannot be irreconcilable with an earlier judgment given in another Member State or in a third State involving the same cause of action and between the same parties provided that the earlier judgment fulfils the conditions necessary for its recognition in the Member state addressed, or

vi) the judgment cannot conflict with the jurisdiction rules in matters relating to insurance, consumer contracts, employment contracts or exclusive jurisdiction as described in the conventions/regulations.

Any judgment given by a court or tribunal of a Member State, whatever the judgment may be called, including a decree, order, decision, or writ of execution, as well as decision on the determination of costs or expenses by an officer of the court can be recognised/enforced under the Brussels regulations and Brussels and Lugano Conventions regimes.

Interim/interlocutory orders can be enforced in accordance with the Brussels regulations and Brussels and Lugano Conventions.

Decisions, official documents and court settlements can also be enforced in addition to judgments. In certain cases, a court must first make a declaration of enforceability, i.e., declare that the judgment is enforceable.

The Brussels regulations and Brussels and Lugano Conventions regimes apply to civil and commercial matters, whatever the nature of the court or tribunal. Matters concerning tax, customs, succession and wills, insolvency, social security, arbitration proceedings and administrative law are excluded from the application of the regime.

2. The EU Regulation 1896/2006 of 12 December 2006, creating a European order for payment procedure applies to civil and commercial matters in cross-border cases, whatever the nature of the court or tribunal. The regime excludes matters of revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority, rights in property arising out of a matrimonial relationship, wills and succession, bankruptcy, social security and claims arising from non-contractual obligations.

Enforcement of a payment order can be refused if the European order for payment is irreconcilable with an earlier decision or order previously given in any Member State or in a third country, provided that the earlier decision or order involved the same cause of action between the same parties and the earlier decision or order fulfils the conditions necessary for its recognition in the Member State of enforcement and the irreconcilability could not have been raised as an objection in the court proceedings in the Member State of origin. Enforcement should also be refused if the defendant paid the amount awarded in the European order for payment to the claimant.

3. EU Regulation 805/2004 of 21 April 2004, creating a European Enforcement Order for uncontested claims applies in civil and commercial matters, whatever the nature of the court or tribunal. It does not apply to revenue, customs or administrative matters or the liability of State authority. Further, the regulation does not apply to the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession, bankruptcy, social security and arbitration. The regulation applies to judgments, court settlements and authentic documents on uncontested claims.

Enforcement can be refused by the competent court in the Member State of enforcement if the judgment certified as a European Enforcement Order is irreconcilable with an earlier judgment given in any Member State or in a third country, provided that the earlier judgment involved the same cause of action and was between the same parties and the earlier judgment fulfils the conditions necessary for its recognition in the Member State of enforcement and the irreconcilability was not and could not have been raised as an objection in the court proceedings in the Member State of origin.

4. With regards to the regime regulated by the New York Convention on the recognition and enforcement of foreign arbitral awards 1958, a foreign award shall not be recognised and enforced in Sweden where the party against whom the award is invoked proves:

i) that the parties to the arbitration agreement, pursuant to the law applicable to them, lacked capacity to enter into the agreement or were not properly represented, or that the arbitration agreement was not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made;

ii) that the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings, or was otherwise unable to present his case;

iii) that the award deals with a dispute not contemplated by, or not falling within, the terms of the submission to arbitration, or contains decisions on matters which are beyond the scope of the arbitration agreement, provided that, if the decision on a matter which falls within the mandate can be separated from those which fall outside the mandate, that part of the award which contains decisions on matters falling within the mandate may be recognised and enforced;

iv) that the composition of the arbitral tribunal, or the arbitral procedure, was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or

v) that the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, the award was made.

Furthermore, the recognition and enforcement of a foreign arbitral award can be refused if the award includes determination of an issue which, in accordance with Swedish law, may not be decided by arbitrators; or that it would be clearly incompatible with the basic principles of the Swedish legal system to recognise and enforce the award.

Under this regime, an award has to be final in order to be recognised and enforceable. Decisions rendered by the tribunal during the handling of the case cannot be enforced. The New York Convention regime applies to awards of an arbitral tribunal, not a court.

3.2 With reference to each of the specific regimes set out in question 1.1, does the regime specify a difference between recognition and enforcement? If so, what is the difference between the legal effect of recognition and enforcement?

The applicable special regimes in Sweden make a difference between recognition and enforcement. The legal effect of recognition in Sweden is that the foreign judgment may be put as a basis for a Swedish judgment, if the matter that was decided in the foreign judgment has relevance for the outcome of the dispute in the Swedish proceedings. Furthermore, the foreign judgment can have a res judicata effect, meaning that the foreign judgment hinders that the same matter can be tried in a dispute in Sweden. The legal effect of enforcement is that the judgment or decision can be executed in front of the Swedish Enforcement Authority.

3.3 With reference to each of the specific regimes set out in question 1.1, briefly explain the procedure for recognising and enforcing a foreign judgment.

Before a foreign judgment can be enforced in Sweden, most of the regulations and conventions require that a court first makes a decision that the judgment is enforceable, what is called a ‘declaration of enforceability’. After the court has decided that the judgment is enforceable, the foreign judgment can be enforced by the Swedish Enforcement Authority in the same way as a Swedish judgment.

However, if the foreign judgment is covered by the Brussels I Regulation of 2012, it is not necessary for a court to decide that the judgment is enforceable. A person who has such a judgment can go straight to the Swedish Enforcement Authority to get assistance in enforcing the judgment.

An application for a declaration of enforceability may be made by the person who can demand that the judgment is enforced in the country of origin. The application has to be made in writing and the main rule is that it has to be filed with one of the 24 district courts examining enforcement matters in a district, where the opposite party is domiciled. The application is free of charge.

If the application relates to a declaration of enforceability under the Brussels I Regulation of 2000, the following have to be enclosed:

A certified copy of the judgment.

An address or details of a representative in Sweden or the EEA for service of process.

Authorisation documents for any representative.

A certificate under Article 54 of the Brussels I Regulation from the court that gave the judgment or equivalent documents.

If the application relates to a declaration of enforceability under the Brussels or Lugano Convention, the following shall be enclosed:

A certified copy of the judgment.

If the judgment to be enforced is a default judgment, i.e., a judgment given against a party that did not file a defence or did not come to a hearing and the judgment means that the party loses the case, or a judgment given against an opposite party who was not present, the original or a certified copy of the document showing that the summons application or a corresponding document has been served on the opposite party shall be submitted.

Documents showing that the judgment is enforceable in the state where it was given, e.g. some form of a certificate of legal force.

A document showing that the judgment has been served on the opposite party.

If the applicant had legal aid in the state of origin, documents showing this.

An address or details of a representative in Sweden or the EEA for service of process.

Authorisation documents for any representative.

The court can also request that the applicant files an authorised translation of the documents.

The court never reviews the substance of the foreign judgment. The court only carries out a check that the formal requirements have been fulfilled, e.g. that the applicant has submitted the documents needed.

If the formal requirements have been fulfilled, the court shall grant the application without giving the opposite party any opportunity to comment on the application.

After the court has granted an application for a declaration of enforceability, the decision shall be served on the opposite party. Then the opposite party has the possibility of appealing the decision. If the opposite party lives in Sweden, the application for appeal has to be made within one month from when they were served with the decision. If, on the other hand, the opposite party lives in a Member State other than the Member State where the declaration of enforceability was given, the application shall be made within two months from when they were served with the decision. An application for appeal is filed with the district court that gave the decision.

The Brussels I Regulation of 2012 is applicable if the procedure in the country of origin was started on or after 10 January 2015. No declaration of enforceability is required for judgments covered by this regulation. The applicant can therefore go straight to the Swedish Enforcement Authority with an application for enforcement.

However, the person against whom the judgment can be enforced has the possibility of going to the district court with an application for refusal of recognition or enforcement. Such an application is filed with the district court that examines enforcement matters in the judicial district in which they are domiciled.

The person who started the proceedings in the country of origin can go to the court with an application that there are no grounds for refusal of recognition. Such an application is also examined by one of the district courts.

An application for European order for payment in accordance with EU Regulation 1896/2006 of 12 December 2006, creating a European order for payment procedure, shall be submitted to the Swedish Enforcement Authority. If the defendant, after being properly served the application, does not lodge a statement of opposition with the Swedish Enforcement Agency, the Enforcement Agency shall declare the European order for payment enforceable using a form attached to the regulation. Thereafter the enforceable European order for payment shall be sent to the claimant. Such order for payment shall be recognised and enforced in any Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition. The enforcement procedures shall be governed by the law of the Member State of enforcement.

An application for certification as a European Enforcement Order in accordance to EU Regulation 805/2004 of 21 April 2004 creating a European Enforcement Order for uncontested claims shall be made to the court which delivered the judgment on an uncontested claim. If such judgment is certified as a European Enforcement Order, it shall be recognised and enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition. The enforcement procedures shall be governed by the law of the Member State of enforcement.

An application for the enforcement of a foreign arbitral award shall be lodged with the Svea Court of Appeal. The original award or a certified copy of the award must be attached to the application. Further, a certified translation into Swedish of the entire award shall be submitted with the application unless the Court of Appeal decides otherwise. The opposing party will be afforded an opportunity to express his opinion upon the application before it can be granted by the Svea Court of Appeal. If the Court of Appeal grants the application, the award shall be enforced as a final judgment of a Swedish court, unless otherwise determined by the Supreme Court following an appeal of the Court of Appeal’s decision.

3.4 With reference to each of the specific regimes set out in question 1.1, on what grounds can recognition/enforcement of a judgment be challenged under the special regime? When can such a challenge be made?

The court will refuse enforcement if there is an impediment to enforcement as described in question 3.1 above. The most commonly recalled impediments are that the judgment is contrary to the foundations of the Swedish legal order, that in the case of a default judgment or the equivalent, the defendant has not been served with the summons application in the correct way or in sufficient time to prepare their defence or that the judgment is contrary to a judgment between the same parties.

In cases where Swedish substantive law is applicable, the general rule is a 10-year limitation period.

Enforcement

4.1 Once a foreign judgment is recognised and enforced, what are the general methods of enforcement available to a judgment creditor?

A judgment that has been recognised in Sweden can normally be enforced at the Swedish Enforcement Agency. The enforcement begins normally with a demand of payment which is sent to the debtor where he is urged to pay his debt within a certain period of time. If there is no payment the Enforcement Authority is obliged to initiate an investigation of the assets of the debtor that can be subject to enforcement.

Enforcement can only apply to the property owned by the debtor, an individual or a legal entity, and that property must, when enforcement takes place, be in the possession of the debtor. It must also be possible to transfer the property and it must also have a value. Some assets are excluded from enforcement. An enforcement action in relation to a debtor’s property means that the creditor obtains a priority right compared to other creditors in case of a later bankruptcy of the debtor. The Enforcement Authority can order the debtor to do, or not to do something under a threat of an order of a penalty or a fine. The Enforcement Authority has an option to make a choice between several assets but it shall consider seizing the assets which cause the least loss and inconvenience for the debtor. Normally, the following order of seizure is applicable: money, bank accounts and other financial assets which are at an immediate disposal; attachment of earnings, shares and other securities; other tangible property; and real estate. If suitable, property can be sold through a public auction.

The debtor can appeal against the decision of the Enforcement Authority at a district court. Such appeal is to be sent to the Enforcement Authority but addressed to a district court.

Other Matters

5.1 Have there been any noteworthy recent (in the last 12 months) legal developments in your jurisdiction relevant to the recognition and enforcement of foreign judgments or awards? Please provide a brief description.

For the first time, a CIETAC arbitral award was declared enforceable in Sweden. There is a case relating to enforcement of an Estonian arbitral award pending a final decision regarding applicability of ordre public.

5.2 Are there any particular tips you would give, or critical issues that you would flag, to clients seeking to recognise and enforce a foreign judgment or award in your jurisdiction?

In our experience, the most common reason for the courts not to recognise foreign judgments is lack of proper service of the claim to the defendant. This is why our advice for clients seeking to recognise and enforce foreign judgments or arbitral awards in Sweden is to make sure that the defendant was properly served with the claim, which should be supported by reliable evidence of the service.

Furthermore, we would advise such clients to contact a Swedish counsel since it is mandatory to write and speak in Swedish in the courts. It is not sufficient to use an interpreter.